In a welcome decision for franchisors, and first of its kind in the Second Circuit, the Southern District of New York ruled that Domino’s Pizza Franchising LLC, the franchisor (Domino’s), did not exert enough control over its franchisee to warrant joint employer status. This determination means Domino’s will not have to face claims brought under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) by current and former employees of a Domino’s franchisee.

Click here to read more about the case, the decision and takeaways for employers.

With the modern workforce comes modern employment problems. Businesses and workers alike have embraced the “gig economy,” but employment laws were not designed for workforces dominated by independent contractors and freelancers. This disconnect leaves gig economy businesses open to significant liability where such workers should have been classified as employees under the law.

New York state just released draft guidance and models for employers to comply with the state’s new sexual harassment prevention policy and training requirements, which go into effect on October 9, 2018. The state is encouraging comments from the public, employers and employees through September 12, 2018, which can be submitted through the state’s website.

The legal landscape for employers – particularly those in New York – has evolved significantly over the last few months. On April 12, 2018, Governor Cuomo signed the FY 2019 Budget Bill, which includes significant measures targeting sexual harassment in the workplace, such as harassment prevention policy and training requirements. Not to be outdone, on May 9, 2018, Mayor de Blasio signed the Stop Sexual Harassment in NYC Act, a collection of bills that require anti-harassment training and increase worker protections against sexual harassment.

**UPDATE: Both the New York state and city training requirements have been signed into law. The state requirements go into effect on October 9, 2018, and the city requirements go into effect on April 1, 2019. **

In the last two weeks, New York state and city legislatures each passed groundbreaking legislation that would require most private employers to provide sexual harassment training to their workforces every year. No other US jurisdiction requires annual harassment training for all employees, making this legislation – if signed into law – the most expansive in the country. (California requires training for supervisors and managers only, see more HERE.)

It’s no secret that a diverse and inclusive workplace has become critical for success. Clients, investors and talent are increasingly attracted to companies with socially responsible values and progressive workplace polices – with good reason. Diversity and inclusion have been linked to innovation, financial results and employee engagement.

Yet many organizations have long struggled to create impactful diversity and inclusion programs, particularly when it comes to increasing diversity at senior levels. While there is no silver bullet to eliminate bias, you can advance your diversity and inclusion program by making it a core component of your corporate culture and implementing practical strategies to update your initiative.

Click here to read the entire article, originally published on Ethisphere.com.

This week, the SEC publicized its largest-ever whistleblower awards, thereby underscoring the value of robust internal reporting procedures. On March 19, the SEC issued a press release announcing that three individuals will get more than $83 million for providing information to the agency to help bring a case.

The use of mandatory employment arbitration agreements has long been the subject of debate, but the controversy has intensified since the inception of the #MeToo movement. Some legislators believe that mandatory arbitration of sexual harassment claims silences harassment victims and perpetuates harassment.

On the heels of the Second Circuit’s decision that sexual orientation discrimination violates Title VII, advocates for LGBTQ rights scored another victory in federal court. On March 7, 2018, the Sixth Circuit unanimously ruled in EEOC v. R.G. & G.R. Harris Funeral Homes, Inc. that discrimination on the basis of transgender and transitioning status violates Title VII’s prohibition on sex-based discrimination.

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